My ex takes me to court several times a year trying to get SS eliminated so maybe I can help. A few things to note:
Agree with Shellshocked - GET A GOOD LAWYER. My ex pretty much self-represented and he imploded at court every single time.
If you become too confrontational your ex will not submit financial information. They will think of every excuse in the book to reschedule, delay and delay again. Then you are screwed, blued and tattooed as they say. We have been chasing my ex around for several years for financial disclosure. No fun whatsoever.
Agree with previous posters in that it isn't cut and dried. I am with the understanding that SS is supposed to equal out the standard of living. What a normal trend is to have a graduated scale of inputed income for your ex (year 1 - 15,000.00; year 2 - 20,000.00, etc. with a review of SS after year 5) - just as an example. Some long-term marriages do not have inputed income. All depends on the ages and other circumstances. Best thing is to get yourself informed of all SS decisions made in your province over the past 4 or 5 years.
I loved it when my ex refused to pay SS. It took 10 minutes in court to get his salary garnisheed and it forever made him look like a total loser. Be very, very careful as there are lots and lots of dead beats out there that the judges love to throw the book at.
Keep a cool head and get a good lawyer. "Good" meaning someone who knows family law and is respectful to your ex, her lawyer and most importantly, the judge.
Agree with Shellshocked - GET A GOOD LAWYER. My ex pretty much self-represented and he imploded at court every single time.
If you become too confrontational your ex will not submit financial information. They will think of every excuse in the book to reschedule, delay and delay again. Then you are screwed, blued and tattooed as they say. We have been chasing my ex around for several years for financial disclosure. No fun whatsoever.
Agree with previous posters in that it isn't cut and dried. I am with the understanding that SS is supposed to equal out the standard of living. What a normal trend is to have a graduated scale of inputed income for your ex (year 1 - 15,000.00; year 2 - 20,000.00, etc. with a review of SS after year 5) - just as an example. Some long-term marriages do not have inputed income. All depends on the ages and other circumstances. Best thing is to get yourself informed of all SS decisions made in your province over the past 4 or 5 years.
I loved it when my ex refused to pay SS. It took 10 minutes in court to get his salary garnisheed and it forever made him look like a total loser. Be very, very careful as there are lots and lots of dead beats out there that the judges love to throw the book at.
Keep a cool head and get a good lawyer. "Good" meaning someone who knows family law and is respectful to your ex, her lawyer and most importantly, the judge.
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